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    State Employees In Vote Count? Calcutta HC Rejects Plea

    The Calcutta High Court has dismissed the TMC's plea challenging the deployment of only Central government employees as vote counting supervisors. Read about Justice Krishna Rao’s ruling on the ECI's administrative prerogative

    Hydar Choudhury
    Apr 30, 2026·3 min read
    State Employees In Vote Count? Calcutta HC Rejects Plea

    ​With the high-stakes counting day for the West Bengal assembly elections fast approaching on May 4, the Calcutta High Court has delivered a crucial verdict regarding the personnel who will oversee the process. On Thursday, April 30, 2026, Justice Krishna Rao dismissed a petition filed by the Trinamool Congress (TMC) that sought to challenge the Chief Electoral Officer’s decision to deploy only Central government and Central PSU employees as vote counting supervisors.

    ​The TMC had alleged that the exclusion of State government employees was an arbitrary move. Their legal team argued that Central government employees might be susceptible to the influence of the party in power at the Centre. However, the Court found these allegations to be without a factual basis. Justice Rao pointed out that the counting process is inherently transparent, with micro-observers, counting agents from all contesting candidates, and various other personnel present in the room simultaneously.

    ​"It is impossible to believe the allegation made by the petitioner," the Court observed, noting the multi-layered surveillance that exists during the tallying of votes.

    ​The judgment clarifies that under the Representation of the People Act, 1951, the Election Commission of India (ECI) holds the administrative prerogative to appoint counting personnel. Whether the Commission chooses to draw from the State pool or the Central pool is a matter of its own wisdom and procedural discretion. The Court found no illegality in the ECI’s preference for Central personnel, a move often intended to maintain an appearance of total neutrality and avoid local political friction.

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    ​Senior Advocate Kalyan Bandopadhyay, appearing for the TMC, had questioned the jurisdiction of the Additional Chief Electoral Officer in issuing such an order. The Court, however, cited Section 19A of the Representation of the People Act, which allows for the delegation of functions, thereby validating the authority of the officer involved.

    ​Justice Rao further remarked that if any party feels that the counting process was manipulated to favor a specific candidate, the law provides a remedy through an "election petition" after the results are declared. For now, the Court found no merit in interfering with the ECI's operational decisions just days before the count.

    ​As West Bengal records a massive combined poll percentage of 92.47% over the two phases, the focus now shifts entirely to May 4. The Calcutta High Court’s ruling ensures that the Election Commission can proceed with its established plan, reinforcing the principle that the judiciary will rarely interfere in the ECI’s "wisdom" regarding the logistics of democracy unless a clear breach of law is established.

    ​For the administrative machinery in Bengal, the path is now clear for a count overseen by Central supervisors, aiming for a conclusion to one of the most closely watched elections in recent history.

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